Legal Opinion

People v. Butler

California Court of Appeal

Decided March 13, 1980No. Crim. 18818PublishedCited by 19 opinions

1Opinion of the Court

Opinion

MILLER, J.

Pursuant to a jury verdict finding him guilty of rape (Pen. Code, § 261, subd. 3), appellant Harrison Butler was sentenced to state prison for the upper base term of five years with an enhancement of three years for a prior felony (murder) conviction (Pen. Code, § 667.5). Appellant appeals from the judgment.

In the fact recital we give both the prosecution and defense versions of the evidence because one of the issues we are concerned with is whether the trial judge erred in refusing to instruct the jury regarding the use of circumstantial evidence.

Prosecution evidence…

2Cases cited22 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Swain v. AlabamaSupreme Court of the United States · 1965
  3. Aldridge v. United StatesSupreme Court of the United States · 1931
  4. People v. Eric J.California Supreme Court · 1979
  5. People v. BenderCalifornia Supreme Court · 1945

17 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. People v. SassounianCalifornia Court of Appeal · 1986
  2. People v. YuCalifornia Court of Appeal · 1983
  3. People v. MastenCalifornia Court of Appeal · 1982
  4. In Re KellyCalifornia Supreme Court · 1983
  5. People v. GeorgeCalifornia Court of Appeal · 1980

14 more not listed; retrieve them via the Exa API.

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